Did You Know? City of San Francisco's Conditional Use Authorizations/Permits

An Overview of Conditional Use Permits and the Process to Obtain One

Are you trying to start a business at a property that requires you to obtain a conditional use permit?

 

What is a conditional use authorization/permit?

A conditional use authorization/permit is permission granted by the Planning Commission or relevant city authority that allows an individual or entity to use a property for a specific purpose or feature that is not typically allowed by the zoning regulations in a particular area. It is called "conditional" because it comes with certain conditions and requirements that must be met. The approval of a conditional use permit is determined by the Planning Commission or, in some cases, the Board of Supervisors on appeal.

When does one need to obtain a conditional use permit?

A business owner needs to obtain a conditional use permit when they want to use a property for a purpose or feature that is not permitted by the existing zoning regulations for that area. Conditional use permits are typically required for activities that may have a significant impact on the neighborhood or community and need special consideration. The city has a convenient search tool that can quickly determine if a property requires a conditional use permit for a specific use - https://build.symbium.com/business/sanfrancisco

What is the process to obtain a conditional use permit?

  • Pre-Application Consultation: It is often recommended to start with a pre-application consultation with the San Francisco Planning Department. During this consultation, you can discuss your project and get initial feedback on whether a conditional use permit is required and what the application process will entail.

  • Complete Application: After the pre-application consultation, if a conditional use permit is deemed necessary, you will need to submit a complete application to the San Francisco Planning Department. The application typically includes detailed plans and documentation about your proposed project.

  • Public Notification: Depending on the nature of the project, you may need to provide public notification to inform neighboring property owners and residents about the proposed conditional use. This may include sending letters, posting notices, or publishing notices in local newspapers.

  • Planning Commission Review: The Planning Commission will review your application and may hold a public hearing. During the hearing, you may be required to present your project and address any questions or concerns raised by the commissioners or members of the public.

  • Decision: The Planning Commission will make a decision on your conditional use permit application. They may approve it, deny it, or approve it with specific conditions or modifications.

  • Permit Issuance: If your conditional use permit is approved and any required appeals are resolved in your favor, you can proceed with obtaining the permit and carrying out your project, subject to any conditions imposed by the Planning Commission.

What is considered when determining approval of a conditional use?

Several factors are considered when determining the approval of a conditional use permit, including:

  • Whether the proposed use is necessary or compatible with the neighborhood or community.

  • Impact on health, safety, convenience, and welfare of the area's residents and properties.

  • Compliance with applicable zoning regulations and the General Plan.

  • Conformity with the purpose of the applicable Use District.

  • Additional criteria related to the use or feature, including but not limited to the following uses/property types:

    • Hotel and Motels

    • Data Centers

    • Large Scale Retail Use

    • Former Movie Theater Properties

    • Former Grocery Stores

    • Tobacco Paraphernalia Establishments

    • Massage Establishments

    • Cannabis Retail and Medical Dispensaries

    • Affordable Housing Bonus Projects

Full details of conditions to be met to obtain a conditional use permit can be found in the city’s planning code: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_planning/0-0-0-21892

How can a conditional use permit be appealed? Who hears the appeal?

A conditional use permit can be appealed to the Board of Supervisors within 30 days after the date of action by the Planning Commission. The Board of Supervisors is the authority that hears the appeal. They have the power to disapprove the action of the Planning Commission in matters related to conditional use permits. The Planning Commission's decision on a conditional use permit takes effect when the appeal period is over or when there is a final action on the appeal. The text also mentions that the decision is generally not subject to reconsideration within a year unless specific conditions are met.

 

 

Sources:

  • https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_planning/0-0-0-21892

  • https://build.symbium.com/business/sanfrancisco

  • https://sfplanning.org/resource/cua-supplemental

 
 

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